Texas Immigration Lawyer Blog

Requiring proof of immigration status to obtain Texas DL added to budget bill

Austin American Statesman by Tim Eaton

An immigration-related provision tucked into a must-pass budget bill could have more of an effect on Texans than the high-profile sanctuary cities legislation that the Legislature did not pass.

Throughout the regular and special sessions, lawmakers spent dozens of hours debating and hearing testimony on so-called sanctuary cities legislation, which would prohibit governments from adopting policies that prevent law enforcement from asking about detainees' immigration status. The bill, which was labeled an emergency item by Gov. Rick Perry, never got out of the Legislature.

But a less examined — and arguably more wide-reaching — piece of immigration-related legislation will soon become a law.

A provision in the approved Senate Bill 1, the special session's must-pass school finance bill, will require people to prove U.S. citizenship or legal residence before they can renew or get a Texas driver's license.

Ding Dong: Duncan lands house on Sanctuary Cities in Texas

Texas Tribune by Julian Aguilar

It's the blame game. Gov. Rick Perry has released a statement blaming Sen. Robert Duncan, R-Lubbock, for the death of sanctuary cities, which the governor added to the special session call. Now, House Speaker Joe Straus has his own statement blaming the Senate.

Perry's statement said state leaders worked through the weekend to include sanctuary cities legislation on Senate Bill 1, the fiscal matters bill that's currently tangled up in the House.

"Unfortunately, SB1 Conference Committee Chairman Robert Duncan ultimately refused to allow language related to the ban of sanctuary cities into the final version of Senate Bill 1," Perry wrote in his statement. "Because of this action, the special session will not provide our peace officers with the discretion they need to adequately keep Texans safe from those that would do them harm.”

Despite his harsh words, Perry's statement does not threaten another special session over the legislation.

Straus' statement says the House "passed anti-sanctuary cities legislation during the regular session, which the Senate failed to pass or even bring up. During the special session... the Senate failed to fulfill its commitment."

DREAMers and Immigration Advocates Prepare for Senate DREAM Act Hearing Tomorrow

America's Voice

The DREAM Act is scheduled for a hearing in the Senate tomorrow morning.

Texas Sanctuary cities bill "all but dead"

Statesman by Jason Embry

Legislation to bar sanctuary cities in Texas is “all but dead,”according to a source close to negotiations at the Capitol.

Gov. Rick Perry, Lt. Gov. David Dewhurst and House speaker Joe Straus had agreed to put language in Senate Bill 1, a fiscal matters bill, that would financially penalize any Texas city that has a sanctuary city policy.

Sanctuary cities bar police from inquiring about the immigration status of the people they detain.

The language appears to be dead because Senate negotiators, led by Sen. Robert Duncan, R-Lubbock, don’t want it in Senate Bill 1, the source said. And with the special legislative session set to end Wednesday, supporters believe there is not realistically enough time left to pass the sanctuary cities ban using another legislative vehicle.

But another Capitol source said there was no firm agreement in place among state leaders to put the sanctuary cities measure in Senate Bill 1.

Some business lobbyists have also been working against the ban on sanctuary cities.

Photo from Sanctuary Cities protest in San Antonio Thursday

 

Protesters outside the Grand Hyatt in San Antonio, Texas, where Govenor Rick Perry was speaking to the National Association of Latino Elected and Appointed Officials (NALEAO) annual conference.

See the Texas Tribune story on his reception inside the conference.

Texas Sanctuary Cities bills scheduled for Friday committee vote

From Reform Immigration for Texas Alliance (RITA):

The House State Affairs committee left both SB9 and HB9 pending after hearing nearly 10 hours of public testimony from at least 150 people on Monday. The vast majority of testimonies were against SB9 and HB9, with only a handful of sour, irrational people supporting these anti-immigrant and anti-Hispanic bills.
 
We found out today that the committee will be meeting on Friday to vote on both bills. The fact that they have waited so long leads us to believe that they are carefully and seriously considering the dozens of testimonies from law enforcement, business and faith leaders, workers, families, Republicans, Democrats, veterans and students who recognize the shame that these bills would bring to Texas.
 
Many of you took time away from work and family to testify on Monday, proving to everyone that those who believe Texas can do better and are willing to stand up for what's right. That's why we cannot just sit and wait now that time is running out.
 
Please take a moment to call the chair of the committee, Rep. Byron Cook at 512-463-0730, and tell him:
 
"Please do not pass SB9 or HB9 out of committee. Both of these bills are bad for Texans' safety, values and economy. Texas can do better."
 
You can also email him. Email Rep. Byron Cook
(Be sure to hit "send" again after the page reloads, allowing you to review your email.)

Students, Federal Memo Complicate Texas "Sanctuary Cities"

Texas Tribune by Julian Aguilar

A key Republican figure in the state’s immigration debate says he has concerns about what the proposed “sanctuary cities” bill means for students brought to the country illegally as children, who are now excelling in their studies.

Meanwhile, an Immigration and Customs Enforcement directive authorizing agents to use “discretion” when choosing whom to deport has caused more stir among lawmakers and advocates over what to do with immigrants detained but not arrested under the pending legislation.  

Two bills, SB9 by state Sen. Tommy Williams, R-The Woodlands, and HB9 by state Rep. Burt Solomons, R-Carrollton, would prevent local governments and law enforcement agencies from enacting policies that prohibit officers or other employees from questioning the immigration status of a person arrested or lawfully detained.

On Monday, state Rep. Byron Cook, R-Corsicana, the chairman of the House State Affairs Committee, oversaw a public hearing where dozens of students gave testimony, some through tear-choked sobs, admitting they were illegal immigrants. They included Karla Resendiz, who recently graduated with honors with a pharmacy degree from the University of Texas at Austin. She pleaded to the committee to reconsider passing the bill out of committee. 

Later, Cook said he had concerns over what the bill could mean for people like Resendiz.

 

Texas Sanctuary Cities bill may be voted on in House in the last week of special session

Texas Tribune

SANCTUARY CITIES

Bill: SB 9 would ban and prevent sanctuary cities in Texas. It it passes, Texas law enforcement officials will be allowed to inquire about the immigration status of people they detain or arrest. Any local entity that refuses to allow its peace officers to do so would be denied state funding. SB 9 also strengthens regulations for anyone applying for a driver's license or state-issued ID. In addition, it expands the federal government's Secure Communities initiative to every detention facility in the state. (It's already in every county jail.) 

Status: Passed the Senate, and is now in the House State Affairs Committee.

What to watch for: The House committee may vote SB 9 out of committee on Wednesday, which means it's likely to see floor action next Monday. Keep in mind HB 9, which is the House's sanctuary cities bill (minus the Secure Communities initiative), is also pending in committee. It gives lawmakers a second option, in case SB 9 gets stuck on a technicality.

Immigration ‘emergency’ speeds Texas toward sea of red ink

Current by Michael Barajas

Trying once more to tackle his self-proclaimed Texas immigration emergency, Governor Rick Perry added the second permutation of anti-sanctuary cities legislation to the special session roster, sparking a repeat of the tense and ugly immigration debate that mired the regular session.

The measure, which would keep police departments from banning immigration checks and expand the footprint of the controversial federal fingerprint-sharing program dubbed Secure Communities, “sends a clear message that Texas will not turn a blind eye to those breaking our laws,” Perry announced earlier this month.

And even before its predestined passage through the Lege, SB9 has proven ugly and divisive. Before clearing the state Senate last week, Rebecca Forest, who heads Immigration Reform Coalition of Texas, a right-wing immigration- reform group, told a crowd supporting the bill, “We have 37, no 36 Hispanics in the Legislature. So, that’s part of our problem, and we need to change those numbers, in fact.”

The cost of a state immigration policy is becoming even clearer as a host of law enforcement officials statewide continue to decry the legislation as dangerous, fearing it’s likely to deter witnesses and crime victims from coming forward amid the threat of deportation for themselves or their family members.

In a letter to lawmakers last week, a group of Texas sheriffs and police chiefs, including SAPD Chief Bill McManus and Bexar County Sheriff Amadeo Ortiz, wrote: “Alienating any sector of our community from law enforcement is not good for Texas and is not good for our society.” Democratic senators had hoped to ease those concerns with two amendments to SB9 that would have excluded witnesses, children under 17, and crime victims from immigration inquiries — both amendments were shot down.

Said Senator John Whitmire, D-Houston: “We’re fixin’ to impact every Hispanic citizen in the state of Texas. … I can’t think of another piece of legislation that I believe will be judged to be so unfair and so inequitable.”

Jason Cato, currently researching the effects of immigration enforcement programs on the state’s Latino communities for the ACLU of Texas, said the prolonged debate over immigration legislation in the Lege this year has stirred up a whirlwind of distrust within immigrant communities — involving families that are often a mélange of documented and undocumented members, he said.

ICE Denies Bond/Release for Naz Mustakim

Change.org 

Naz Mustakim, a legal permanent resident, is currently detained in the South Texas Detention Facility in Pearsall, Texas, after having been  placed in deportation proceedings by Immigration and Customs Enforcement (I.C.E.) because of a criminal drug convicition from his youth. Immigration and Customs Enforcement denied Naz's request for humanitarian parole because he "falls within the mandatory detention guidelines."

Read Naz's wife Hope's blog about the ICE decision.

Sign the petition asking DHS to keep Naz in the U.S.